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IN DISCIPLINARY DISTRICT VI
OF THE
BOARD OF PROFESSIONAL RESPONSIBILITY
OF THE
SUPREME COURT OF TENNESSEE
IN RE: JOSHUA HOWARD POLK, BPR NO. 021647 FILE NO. 75033-6-SC
Respondent, an attorney licensed
to practice law in Tennessee
(Wayne County)
PUBLIC CENSURE
The above complaint was filed against Joshua Howard Polk, #021647, an attorney licensed
to practice law in Tennessee, alleging certain acts of misconduct. Pursuant to Tenn. Sup. Ct. R. 9,
the Board of Professional Responsibility considered these matters at its meeting on June 13, 2025.
Mr. Polk was retained to defend clients in a water rights case out of Wayne County
Chancery Court. In early 2022, a third party joined the litigation and upon consulting with his
clients, Mr. Polk determined that a conflict of interest was created by the joinder. The information
that Mr. Polk previously learned from his former co-counsel could have materially impacted his
continued representation of his current clients and there was a risk that the information Mr. Polk
gained would materially limit his ability to continue in the case. This created a concurrent conflict
of interest and a mandated withdrawal by Mr. Polk. While it was reasonable for Mr. Polk to want
to help his clients identify subsequent counsel, he waited fourteen (14) months to withdraw
resulting in unnecessary delay in the litigation, halting any progress on the case, and postponing a
hearing on the opposing partyâs Motion for Summary Judgment that had been pending for several
months.
By these acts, Mr. Polk has violated Rules of Professional Conduct 1.3 (diligence),
1.7(a)(2) (conflict of interest), 1.16(a) (declining or terminating representation), 3.2 (expediting
litigation), and 8.4(d) (misconduct) and is hereby Publicly Censured for these violations.
FOR THE BOARD OF
PROFESSIONAL RESPONSIBILITY
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R. Culver Schmid, Chair
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